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(영문) 부산지방법원 2019.02.21 2018가단301745
건물명도(인도)
Text

1. The Defendant points out each of the attached drawings indication 1, 2, 3, 4 and 1 among the real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) for the area (including approximately 96,876.77m2) of a part 28.5m2 in the ship (hereinafter “instant real estate”) connected in order to each point of Annex 1, 2, 3, 4 and 1, among the real estate listed in the attached list among the real estate listed in the attached list. The Plaintiff is an owner and occupant of the instant real estate.

B. On June 28, 2017, the Plaintiff obtained authorization of the management and disposal plan concerning the instant redevelopment project from the head of Busan Special Metropolitan City Office, and the said authorization was publicly notified on July 5, 2017.

C. On October 22, 2018, the Busan Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation as December 17, 2018; (b) rendered a ruling of expropriation against the Defendant (hereinafter “instant adjudication of expropriation”). D.

On December 12, 2018, the Plaintiff deposited KRW 14,133,00 as compensation for the instant real estate in the Defendant’s future, and deposited the full amount of compensation for losses arising from the instant adjudication of expropriation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, purport of the whole pleadings

2. The assertion and judgment

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, lessee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54, and the project implementer shall be allowed to use or benefit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the above findings, the Defendant, the owner of the instant real estate, can not use or benefit from the instant redevelopment project, and the Plaintiff, the project implementer, is the Plaintiff.

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